Mr. Carson of Indiana
(for himself, Mr. Kennedy,
Mr. Stark,
Mr. Davis of Illinois,
Ms. Norton,
Mr. Rush, Mr. Gutierrez, Ms.
Jackson-Lee of Texas, Mr. Lewis of
Georgia, Mr. Al Green of
Texas, Ms. Lee of
California, Ms. Fudge,
Ms. Edwards of Maryland, and
Mr. Meeks of New York) introduced the
following bill; which was referred to the Committee on Ways and Means, and in
addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned

A BILL

To ensure prompt access to Supplemental Security Income,
Social Security disability, and Medicaid benefits for persons released from
certain public institutions.

1.

Short title

This Act may be cited as the
Recidivism Reduction
Act.

2.

Findings

The Congress finds as follows:

(1)

There are an estimated 300,000 mentally ill
individuals in State and Federal prisons.

(2)

According to the
Bureau of Justice Statistics, nearly 15 percent of men and 31 percent of women
in jails have serious mental illnesses.

(3)

According to
surveys completed by the Bureau of Justice Statistics, 16.3 percent of jail
inmates self-reported a mental health condition or an overnight
stay in a mental hospital in their lifetime and 60.5 percent of
local jail inmates self-reported they had symptoms of a mental illness.

(4)

Access to Federal
disability and health care benefits is a critical component of the successful
re-entry into the community of indigent individuals with disabilities who are
released from jail, prison, juvenile detention, or other correctional
facilities.

(5)

As a matter of
public safety, individuals with disabilities released from correctional
facilities must be reinstated in the Federal benefit programs that are designed
to provide the health services and financial supports on which they
rely.

(6)

Individuals with
disabilities who live in extreme poverty and who are too disabled to work after
release from correctional facilities require government supports such as Social
Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or
Medicaid to maintain health and to safely transition from correctional
facilities into the community.

(7)

It is the policy
of the United States to provide individuals with disabilities assistance in
leading healthy and productive lives.

(8)

On average,
mentally ill inmates serve 103.4 months in State prison until their release, as
compared to 88.2 months for other inmates. Yet, their SSI benefits terminate
after 12 consecutive months of their incarceration. On average, it takes 93
days to reinstate those benefits.

(9)

Health care
benefits are especially important to low-income individuals with disabilities
who often cannot afford private market insurance and who are at great risk of
incurring exorbitant costs for health care. SSI beneficiaries who lose benefits
because of incarceration may also lose Medicaid coverage.

(10)

Without prompt
access to Federal disability benefits on their release, individuals with
psychiatric disabilities who come into contact with the criminal justice system
often become trapped in many cycles of arrest, release, destitution,
deterioration, and re-arrest.

(11)

Recidivism rates
for mentally ill offenders are very high. A Bureau of Justice Statistics report
found that over 3/4 of mentally ill inmates had been
sentenced to time in prison or jail or were on probation at least once before
their current sentence.

(12)

Among the
mentally ill, 52 percent of State prison inmates, 54 percent of jail inmates,
and 49 percent of Federal prison inmates reported 3 or more prior sentences to
probation or incarceration.

3.

Supplemental
security income benefits

(a)

Reinstatement or
resumption of benefits on release of inmate from
incarceration

Section 1631 of the Social Security Act (42 U.S.C.
1383) is amended by adding at the end the following:

(q)(1)(A)(i)

Eligibility for benefits under this title
shall be reinstated in any case where the Commissioner determines that an
individual described in clause (ii) has filed a request for reinstatement
meeting the requirements of subparagraph (B)(i) during the period described in
clause (iii). Reinstatement of eligibility shall be in accordance with the
terms of this paragraph.

(ii)

An individual is described in this clause
if—

(I)

before the month in which the individual
files a request for reinstatement—

(aa)

the individual was eligible for benefits
under this title on the basis of disability; and

(bb)

the individual thereafter was ineligible
for such benefits because the individual was an inmate of a jail, prison, penal
institution, or correctional facility for a period of 12 or more consecutive
months;

(II)

the individual is blind or disabled, and
the individual’s blindness or disability renders the individual unable to
perform substantial gainful activity; and

(III)

the individual meets the nonmedical
requirements for eligibility for benefits under this title.

(iii)(I)

Except as provided in subclause (II), the
period prescribed in this clause with respect to an individual is 36
consecutive months beginning with the month following the most recent month for
which the individual was ineligible for benefits under this title before the
period of ineligibility described in clause (ii)(I)(bb).

(II)

In the case of an individual who fails to
file a reinstatement request within the period described in subclause (I), the
Commissioner may extend the period if the Commissioner determines that the
individual had good cause for the failure to so file.

(B)(i)(I)

A request for reinstatement shall be filed
on such form, and contain such information, as the Commissioner may
prescribe.

(II)

A request for reinstatement shall include
express declarations by the individual stating that the individual meets the
requirements specified in subclauses (II) and (III) of subparagraph
(A)(ii).

(III)

A request for reinstatement shall include
an express declaration by a health care professional that the individual is
blind or disabled.

(ii)

A request for reinstatement filed in
accordance with this paragraph may constitute an application for benefits in
the case of any individual who the Commissioner determines is not eligible for
reinstated benefits under this paragraph.

(C)

In determining whether an individual meets
the requirement of subparagraph (A)(ii)(II), the provisions of section
1614(a)(4) shall apply.

(D)(i)

Eligibility for benefits reinstated under
this paragraph shall commence with the benefit payable for the month in
which—

(I)

a request for reinstatement is filed;
or

(II)

if the request is filed before the
individual is discharged or released from a jail, prison, detention center, or
correctional facility, the individual is so discharged or released.

(ii)(I)

Subject to subclause
(II), the amount of benefit payable for any month pursuant to the reinstatement
of eligibility under this paragraph shall be determined in accordance with the
provisions of this title.

(II)

The benefit under this title payable
for any month pursuant to a request for reinstatement filed in accordance with
subparagraph (B) shall be reduced by the amount of any provisional benefit paid
to the individual for the month under subparagraph (G).

(E)

Whenever an individual’s eligibility
for benefits under this title is reinstated under this paragraph, eligibility
for the benefits shall be reinstated with respect to the individual’s spouse if
the spouse was previously an eligible spouse of the individual under this title
and the Commissioner determines that the spouse satisfies all the requirements
for eligibility for the benefits except requirements related to the filing of
an application. The provisions of subparagraph (D) shall apply to the
reinstated eligibility of the spouse to the same extent that they apply to the
reinstated eligibility of the individual.

(F)

An individual to whom benefits are
payable under this title pursuant to a reinstatement of eligibility under this
paragraph for 12 months shall, with respect to benefits so payable after such
12th month, be deemed for purposes of subparagraph (A)(ii)(II)(aa) to be
eligible for such benefits on the basis of an application filed
therefor.

(G)(i)

An individual described in subparagraph
(A)(ii) who files a request for reinstatement in accordance with the provisions
of subparagraph (B)(i) shall be eligible for provisional benefits payable in
accordance with this subparagraph, unless the Commissioner determines that the
individual does not meet the requirements of subparagraph (A)(ii)(I) or that
the individual's declaration under subparagraph (B)(i)(II) is false. Any such
determination by the Commissioner shall be final and not subject to review
under paragraph (1) or (3) of subsection (c).

(ii)

The amount of the provisional benefit shall
equal the amount of the benefit that was payable to the individual under this
title for the month before the most recent period of ineligibility described in
subparagraph (A)(ii)(I)(aa).

(iii)

Provisional benefits shall end when the
Commissioner makes a determination regarding the individual's eligibility for
reinstated benefits.

(iv)

In any case in which the Commissioner
determines that an individual is not eligible for reinstated benefits, any
provisional benefits paid to the individual under this subparagraph shall not
be considered a liability or subject to recovery as an overpayment, unless the
Commissioner determines that the individual knew that the individual did not
meet the requirements of subparagraph (A)(ii).

(2)

In the case of an individual whose
benefits under this title are suspended because the individual is an inmate of
a jail, prison, penal institution, or correctional facility, payment of such
benefits shall resume on the date the individual is released from the jail,
prison, penal institution, or correctional facility.

(3)

For purposes of this subsection, the
term benefits under this title includes State supplementary
payments made pursuant to an agreement under section 1616(a) of this Act or
section 212(b) of Public Law
93–66.

.

(b)

Cooperation of
penal institutions in providing notice of pending release of inmate and in
assisting soon To be released inmates in having benefits resumed

(1)

In
general

Section 1611(e)(1)(I)(i) of such Act (42 U.S.C.
1382(e)(1)(I)(i)) is amended—

(A)

in subclause (I),
by inserting and scheduled release after
commencement; and

(B)

in subclause
(II)—

(i)

by
inserting (other than scheduled release information) before
to the Commissioner;

(ii)

by
inserting (other than scheduled release information) before
after 30 days; and

(iii)

by
inserting except that the Commissioner shall not make a payment under
this subclause to an institution if the institution does not furnish scheduled
release information at least 30 days before the scheduled release or does not
have in place personnel and procedures to inform and assist inmates scheduled
to be released in applying to have their benefits under this title
resumed before the period.

(2)

Effective
date

The amendments made by paragraph (1) shall take effect 1
year after the date of the enactment of this Act.

(3)

Notice of
requirement to furnish information about scheduled release of
inmates

The Commissioner of Social Security shall notify each
institution with which the Commissioner has entered into an agreement under
section 1611(e)(1)(I)(i) of the Social Security Act of the payment restriction
added by paragraph (1) of this subsection.

(c)

Notice and
training related to pre-release agreements

Section 1611(e)(1)(I)
of such Act (42 U.S.C. 1382(e)(1)(I)) is amended by adding at the end the
following:

(v)

The Commissioner shall biennially
notify each State or local institution comprising a jail, prison, penal
institution, or correctional facility, and any other State or local institution
a purpose of which is to confine individuals as described in section
202(x)(1)(A)(ii) of the availability of the agreements provided for in this
subparagraph.

(vi)

The Commissioner shall, from time to
time, offer institutions described in clause (v) training in entering into the
agreements provided for in this subparagraph.

(vii)

Within 6 months after the end of
each fiscal year, the Commissioner shall submit to the Congress a written
report on the activities conducted pursuant to this subparagraph during the
fiscal
year.

.

(d)

Effective
date

Except as provided in subsection (b)(2), the amendments made
by this section shall take effect on the date of the enactment of this Act, and
shall apply to benefits payable for months beginning after such date.

4.

Social Security
benefits

(a)

Pre-release
procedures for disabled prisoners and other individuals

(1)

In
general

Section 202(x) of the Social Security Act (42 U.S.C.
402(x)) is amended by adding at the end the following new paragraph:

(4)

The Commissioner shall develop a
system under which an individual whose disability insurance benefits under
section 223 or other benefits under this section based on disability have been
suspended under this subsection by reason of confinement in an institution
comprising a jail, prison, penal institution, or correctional facility, or
comprising any other institution a purpose of which is to confine individuals
as described in paragraph (1)(A)(ii), can apply for resumption of such benefits
prior to cessation of such
confinement.

.

(2)

Effective
date

The Commissioner of Social Security shall implement the
system described in section 202(x)(4) of the Social Security Act (as added by
this subsection) not later than 180 days after the date of the enactment of
this Act.

(b)

Cooperation of
penal institutions in providing notice of pending release of inmate and in
assisting soon To be released inmates in having benefits resumed

(1)

In
general

Section 202(x)(3)(B)(i) of such Act (42 U.S.C.
402(x)(3)(B)(i)) is amended—

(A)

in subclause (I),
by inserting and scheduled release after
commencement; and

(B)

in subclause
(II)—

(i)

by
inserting (other than scheduled release information) before
to the Commissioner;

(ii)

by
inserting (other than scheduled release information) before
after 30 days; and

(iii)

by
inserting except that the Commissioner shall not make a payment under
this subclause to an institution if the institution does not furnish scheduled
release information at least 30 days before the scheduled release or does not
have in place personnel and procedures to inform and assist inmates scheduled
to be released in applying to have their benefits under this title
resumed before the period.

(2)

Effective
date

The amendments made by paragraph (1) shall take effect 1
year after the date of the enactment of this Act.

(3)

Notice of
requirement to furnish information about scheduled release of
inmates

The Commissioner of Social Security shall notify each
institution with which the Commissioner has entered into an agreement under
section 202(x)(3)(B)(i) of the Social Security Act of the payment restriction
added by paragraph (1) of this subsection.

(c)

Notice and
training related to pre-release agreements

Section 202(x)(3)(B)
of such Act (42 U.S.C. 402(x)(3)(B)) is amended by adding at the end the
following:

(v)

The Commissioner shall biennially
notify each State or local institution comprising a jail, prison, penal
institution, or correctional facility, and any other State or local institution
a purpose of which is to confine individuals as described in paragraph
(1)(A)(ii) of the availability of the agreements provided for in this
subparagraph.

(vi)

The Commissioner shall, from time to
time, offer institutions described in clause (v) training in entering into the
agreements provided for in this subparagraph.

(vii)

Within 6 months after the end of
each fiscal year, the Commissioner shall submit to the Congress a written
report on the activities conducted pursuant to this subparagraph during the
fiscal
year.

.

5.

Medicaid
benefits

(a)

Reinstatement of
Medicaid enrollment

(1)

In
general

Section 1902(a) of the Social Security Act (42 U.S.C.
l396b(a)) is amended—

(A)

by striking
and at the end of paragraph (72);

(B)

by striking the
period at the end of paragraph (73) and inserting ; and;
and

(C)

by inserting after
paragraph (73) the following new paragraph:

(74)

provide that in the case of any individual
enrolled for medical assistance under the State plan immediately before
becoming an inmate of a public institution—

(A)

the enrollment of
such individual shall be reinstated upon release from such institution unless
and until there is a determination that the individual is no longer eligible to
be so enrolled; and

(B)

any period of
continuous eligibility in effect on the date the individual became such an
inmate shall be reinstated as of the date of the release and the duration of
such period shall be determined without regard to the period in which the
individual was such an
inmate;

.

(2)

Increased
funding for State implementation of reinstatement system

Section
1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the
end the following new subsection:

(aa)

Initial
increase in federal matching rate for State implementing reinstatement
system

For the first 4
calendar quarters beginning after the date a State modifies its computer system
described in subsection (a)(3)(A)(i) so that it can easily provide for the
reinstatement of medical assistance required under section 1902(a)(74), such
subsection shall be applied as if the reference to 90 percent
were a reference to 95
percent.

.

(3)

Clarification of
treatment of certain administrative expenses

Nothing in section
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) shall be construed as
prohibiting or preventing the provision of Federal financial participation
under section 1903(a) of such Act (42 U.S.C. 1396b(a)) to States for reasonable
administrative costs of determining eligibility status of individuals described
in section 1902(a)(74) of such Act, as inserted by paragraph (1).

(4)

Effective
date

The amendments made by paragraph (1) shall apply to
individuals who are released from being an inmate of a public institution on or
after the first day of the first calendar quarter beginning more than 90 days
after the date of the enactment of this Act.

(b)

Authorization of
case management services

The
first sentence of section 19l5(g)(1) of the Social Security Act (42 U.S.C.
1396n(g)(1)) is amended by inserting before the period at the end the
following: and for the purpose of providing no more than three case
management services, without regard to the subdivision (A) following section
1905(a)(28), in order to engage in planning for services following release from
a public institution.

Follow us?

Welcome to GovTrack.us

Thank you for giving GovTrack a try. Like OpenCongress, GovTrack is for researching and tracking legislation before the U.S. Congress.

★

Things here should seem very familiar to you. OpenCongress and GovTrack have always had a data sharing partnership, so you’ll find the exact same information here as what you had on OpenCongress, just arranged a little differently.

And GovTrack has actually been here for more than a decade. This is the site that began the movement to improve access to Congress using technology.

Congress is about to wake up.

When President-elect Trump takes office on January 20, the House, Senate, and White House will be controlled by the same party for the first time in six years.

Things are going to happen fast. Congress is expected to move quickly on Trump's agenda using the same tactics immune to the filibuster that Democrats used to enact the Affordable Care Act in 2010.

Now more than ever we need transparency in Congress.

Over the last year we’ve helped 10 million Americans track Congress using bill alerts. We hope to continue GovTrack Insider, where we put the most important legislation into plain English. We've also worked with Congress on improving transparency at the source.

We now need your help. We’re simply out of money. We can’t continue GovTrack Insider or improve our bill tracking tools without your financial support. Important pieces of GovTrack will end on December 31 if we can’t pay for it. If you are able, please: